O R D E R

% 08.04.2013 While appearing in Diplomat of National Board (DNB) Final Examination held in June, 2009, the respondent no.1 was, on 14.6.2009 found in possession of a mobile phone. The Ethics Committee of the Board after giving an opportunity of hearing to the respondent, decided, vide order dated 30.3.2010, to debar him for six attempts and cancelled the attempt made by him in June, 2009. The respondent no.1 filed W.P(C) No.803/2001 before this Court challenging the order passed by the appellant debarring him for three years (six attempts) including the attempt of June, 2009, on the ground that he was found using unfair means in the said examination. In the meanwhile, the respondent no.1 had appeared for the subsequent examination In December, 2009, on the strength of the provisional permission granted to him by the appellant. That attempt was also cancelled by the appellant.

2. W.P(C) 803/2011 was then filed by the respondent no.1 challenging the aforesaid action of the appellant. The writ petition came to be disposed of vide order dated 4.2.2011 directing the respondent no.1 to first exhaust the remedy of appeal available to him. On such an appeal being filed by the respo